Committee on Veterans’ Affairs and Homeland Security then the
Judiciary.]

A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto two new sections, designated §30-1-6a and
§30-1-6b, all relating to the professional and occupational
licensure and registration of former and current members of
the Armed Forces of the United States; requiring consideration
of military education, training and experience for
qualification for professional licensure; providing
legislative findings; requiring acceptance of certain military
education, training and experience toward qualification for
licensure or registration; providing rule-making authority for
licensing or registration boards; providing exceptions; and
requiring the extension of licenses and the waiver of certain
requirements for licenses or registration of persons and
accompanying spouses on active duty in the Armed Forces of the
United States.

Be it enacted by the Legislature of West Virginia:

That the Code of West Virginia, 1931, as amended, be amended
by adding thereto two new sections, designated §30-1-6a and
§30-1-6b, all to read as follows:

ARTICLE 1. GENERAL PROVISIONS APPLICABLE TO ALL STATE BOARDS OF
EXAMINATION OR REGISTRATION REFERRED TO IN CHAPTER.

§30-1-6a. Consideration of military education, training and
experience for licensure or registration.

(a) The Legislature finds that many members and former members
of the United States Armed Forces have had extensive professional
and occupational training and experience while in the Armed Forces
in various professions and occupations; that in many instances, the
level of academic education, training and experience may be
comparable to or may exceed what is required to qualify for
licensure or for examination for licensure in this state for a
similar occupation or profession; and that certain training,
education and experience of members and veterans of the Armed
Forces should be sufficient to be applied toward meeting the
requirements for licensure or registration in a comparable
profession or occupation. The Legislature further finds that
military veterans have expended and sacrificed a significant
portion of their most productive earning potential working years of
their life to the service of their country and should be given the
opportunity to take advantage of their military education,
experience and training toward pursuing a purloined career in
licensed professions and occupations requiring licensure or
registration in this chapter. The Legislature further finds that
the state may be experiencing a shortage of qualified candidates
for licensure for these various professions and occupations.
Therefore, it is in the public interest of this state to
accommodate and attract persons with the appropriate military
education, training and experience, to apply for licensure in a
profession or occupation in West Virginia. However, the
Legislature further finds that the licensing boards and commissions
in this chapter have the particular expertise necessary to evaluate
and determine what military education, training and experience is
adequate to be acceptable toward meeting the qualifications for
licensure or registration and whether it is necessary that the
competency of those persons be determined and evaluated by
examination before they are so licensed or registered. This
section is enacted in view of these findings and shall be liberally
construed in the light of these findings.

§30-1-6b. Licensure or registration of persons and spouses of
persons on military active duty; extension of
licenses or registration; waiver of certain license
or registration requirements.

Notwithstanding any other provision of this chapter to the
contrary:

(1) The license or registration of a person licensed or
registered by a board referred to in this chapter, during periods
when the licensee or registrant is on active duty as a member of
the Armed Forces of the United States, the National Guard of this
state or any other state or any other military reserve component
and deployed outside of this state, and for six months after
discharge from active duty, continue in good standing and shall be
renewed without:

(A) Payment of any dues or fees for the maintenance or renewal
of the license or registration; and

(I) Circumstances associated with military duty prevent the
individual from obtaining the required continuing education, and a
waiver request has been submitted to the appropriate board, which
circumstances include, but are not limited to, deployment outside
of the United States or in any combat area; or

(ii) The individual performs the licensed or registered
profession or occupation as part of his or her military duties as
annotated in Defense Department Form 214 (DD214).

(2) The license or registration of a person licensed or
registered by a board referred to in this chapter, during periods
when the licensee or registrant is accompanying his or her spouse
who is on active duty as a member of the Armed Forces of the United
States, the National Guard of this state or any other state or any
other military reserve component and deployed outside of this
state, and for six months after discharge from active duty,
continue in good standing and shall be renewed without:

(A) Payment of any dues or fees for the maintenance or renewal
of the license or registration; and

(B) Meeting continuing education requirements for the license
or registration when circumstances associated with military duty
prevent the individual from obtaining the required continuing
education, and a waiver request has been submitted to the
appropriate board, which circumstances include, but are not limited
to, deployment of the spouse outside of the United States or in any
combat area.

NOTE: The purpose of this bill is to require the consideration
of military training, experience and education toward qualification
for professional or occupational licensure. The bill also provides
for the extension of licenses and the waiver of certain
requirements for licenses or registration of individuals, and
accompanying spouses, while on active duty in the Armed Forces of
the United States.

All sections in this bill are new; therefore, it has been
completely underscored.

This bill was recommended for introduction and passage during
the 2012 Regular Session of the Legislature by the Select Committee
on Veterans’ Affairs.